Received NOIR on I40 before getting GC approval


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I have been in US since long and applied for labor in 2011. Got my EAD in 2013 and we are extending since then. I have not applied for I-140 with any other employer.

Got RFE in 2017 for medicals & spouse status. Replied back with all the information. We have received an interview call early 2018 and attended that. Interviewer said we will be receiving out GC when priority date becomes current.

Recently received the NOIR for I-140 on familial relationship between employer and me for having the same last name. Attorney opted for 'No familial relationship between employer and me'. Employer's spouse and my relationship goes back to 5 to 6 generations and I never met my employer before joining the company. Employer followed proper procedure for file my labor.

Has any one been in this issue. Please let me know if you have any other information that will be helpful to resolve this NOIR. 

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